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CERESTE v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 55, Docket 23529.

231 F.2d 50 (1956)

Frank CERESTE, Plaintiff-Appellee, v. The NEW YORK, NEW HAVEN and HARTFORD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 1, 1956.

Writ of Certiorari Denied May 28, 1956.

Attorney(s) appearing for the Case

Robert M. Peet, Edward R. Brumley, New York City (Frank A. Fritz and John G. Paré, New York City, of counsel), for appellant.

Cohen & Fuchsberg, New York City (Jacob D. Fuchsberg and B. Hoffman Miller, New York City, of counsel), for appellee.

Before FRANK, HINCKS and WATERMAN, Circuit Judges.

Writ of Certiorari Denied May 28, 1956. See 76 S.Ct. 848.

FRANK, Circuit Judge.

1. The evidence sufficed to support a verdict that defendant had been negligent in not providing plaintiff a safe place to work. It was for the jury to determine whether the presence on the path of the coal, on which plaintiff tripped, constituted negligence.1

2. Defendant, on cross-examination of plaintiff, brought out evidence tending to show...

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